TOW TRUCK DRIVER CLAIMS WESTERFIELD TALKING TO SOMEONE: Phone Records Trace Westerfield's Movements

KNSD NBC ^ | June 13, 2002 | KNSD NBC

[FresnoDA]

TOW TRUCK DRIVER CLAIMS HE HEARD WESTERFIELD TALKING TO SOMEONE!!!

Phone Records, Witnesses Trace Westerfield's Movements

Witnesses On Day 7 Show Movements

 

POSTED: 12:56 p.m. PDT June 13, 2002

UPDATED: 2:41 p.m. PDT June 13, 2002

 

SAN DIEGO -- The prosecution in the David Westerfield murder trial called on a cell phone company employee and several campers Thursday to verify the defendant's whereabouts the weekend Danielle van Dam disappeared.

A series of calls from Westerfield's cell phone in early February appeared to mirror his rambling motor home trip to the beaches of southern San Diego County and the Imperial Valley deserts, Verizon Wireless representative Greg Sheets testified.

But on cross-examination, Westerfield's defense attorney, Steven Feldman, sought to show that the cell phone calls were not a reliable record of Westerfield's locations that weekend. Under questioning by Feldman, Sheets admitted that the records don't give precise locations and don't identify the user of the phone.

Westerfield is charged with kidnapping and murdering Danielle. He could face the death penalty if he's convicted.

The prosecution also called a series of witnesses who were at Silver Strand State Beach on Saturday, Feb. 2. Westerfield said he drove his motor home to Silver Strand that morning.

Beverly Jean Askey of El Cajon testified that her family was already at the beach when a motor home that she later learned was Westerfield's pulled into a nearby space sometime before 10 a.m. It was a nice, sunny day she said, yet no one came out of the vehicle.

"He just pulled up, he pulled the front window closed and I never saw anyone again," Askey said.

Two other campers said they saw Westerfield's motor home and noticed that it appeared closed up.

Earlier, Angela Elkus, a resident of the Sabre Springs neighborhood where the van Dams and Westerfield lived, answered questions about the motor home. She said she had seen children playing around the vehicle three or four times when it was parked on the street, but she said they were mostly older children. She also talked about a visit to the van Dam home after Danielle disappeared.

  Elkus said she had never been to the home before, but she brought food over for the family on the Sunday after the little girl disappeared. She said that the family's dog appeared "scared, shy, confused and perfectly still" when she came in the house, and it did not bark, she said. Legal analysts say prosecutors want to convince the jury that a stranger could have come into the house and taken Danielle without the dog barking.

[Karson]

True...FWIW... Brenda did say she looked "under the bed" and "in her closet" when she saw the empty bed. Then talked about the bathroom, other rooms, etc. etc

If the closet door was already open, it would have only taken a glance but with all that stuff in there, how could anybody have been in there? Or maybe she just meant other closets....?

[Rheo]

I don't know if their stalling, probably just bringing DNA in last so the jury has it fresh on their minds when Feldman presents his defense.

[cyncooper]

I think they will end strategically with the strongest evidence so it is freshest in the jurors' minds. However, I think the tedious-seeming testimony of MH maneuvers and and time he picked it up and left again is absolutely critical. Evidently some think evidence could be planted in order to frame DW, or that Danielle had access to the MH in the past. The prosecutor has to show this is not possible. Having numerous witnesses corroborate their observations of the MH(before they had a chance to "compare notes" or have the full picture via media, of DW's statements and such) is necessary to the State's case. Bottom line: No stall, just dotting i's and crossing t's.

[Rheo]

Why did they not take the closet doors from Danielles room until 2/20??

[Karson]

For whatever reason, I'm kinda stuck on the party group's little trip out to the parking lot at Dad's that night. It seems there was so much attention focused on that incident with each and every witness and I can't see what it means. Any ideas?

[Rheo]

On another board...some neighbors of the VD's were saying the rumor was that BVD was actually out there making out w/DW, per a Dad's employee....fact or fiction?..who knows.

[Rheo]

Hard to believe as DW was not interested in heavy women..or maybe that B52 shot changed his mind!

[Karson]

Having numerous witnesses corroborate their observations of the MH(before they had a chance to "compare notes" or have the full picture via media, of DW's statements and such) is necessary to the State's case.

Granted. But are they 'tying it together' with the timelines? I've heard several who didn't seem to match up but I didn't get to hear all of it. Hopefully, before the case goes to the jury there will be charts of timelines and all the other stuff that seems confusing to me right now.

[Karson]

Why did they not take the closet doors from Danielles room until 2/20??

Yep, that's on my list of questions too.

[Rheo]

I think the parking lot incident is important somehow too but not sure why?

Also curious as to when it was that BVD was telling DW about father-daughter dance and DVD sad cuz she was growing up so fast?..didn't think she had a long conversation w/DW at the bar that night....is this something she just told him as he bought the first round??

[Southflanknorthpawsis]

Yes......but I don't know how important or complete his "facts" were. I thought he appeared to be trying to put the most guilty spin he could on his contribution.

Once again, if I'm on a jury to decide a man's death sentence, the credibility of a key witness better leave no doubt in my mind. TTD did, IMO.

I believe his testimony (drawn out by Feldman) of other people being not all that far from where Westerfield was stuck made him look as if he was avoiding or twisting some facts earlier.

I'm curious why DW would go to an area like Silver Strand where there are obviously other campers very close by and then behave just the opposite. I'm thinking that what TTD described and reality are not exactly identical.

[bvw]

Fingerprints can be faked.

[Karson]

or maybe that B52 shot changed his mind!

Another question on my list. Seems I read somewhere that shot was bought (by person unknown) for one of the girls but she didn't want it and gave it to DW. IF TRUE, that leads me to more questions.....

[Rheo]

I'm having a hard time with witnesses trying to say he was acting so strange, as to imply he had Danielle with him at this point....why would he go to populated areas w/her in the MH when there are a thousand other unpopulated places he could have gone...and buried her too.

[Southflanknorthpawsis]

I forgot to add that TTD's comments and expressed concerned about getting the rest of his money also made him look like he was upset with Westerfield over that and might decide to be of no help.

We all see things differently, but I would think TTD's lousy eighty bucks (or however much it was) would almost be irrelevant at this point. But it mattered a lot to him. He made it clear that he was holding a grudge over it.

[Rheo]

The female bartender stated this...she had bought a round for a group of people..not sure if the VD group or not...one person didn't want theirs...gave it to DW..sd he had never done it before....did not like it, per her statement.

[Rheo]

Certainly seems to be a grudge over the money...told Feldmans investigator that the media gal who called him and wanted an interview was told by him that he would do the interview if she paid him the money owed to him by DW.

[Southflanknorthpawsis]

I'm having a hard time with witnesses trying to say he was acting so strange, as to imply he had Danielle with him at this point....why would he go to populated areas w/her in the MH when there are a thousand other unpopulated places he could have gone...and buried her too.

I have the same problem. It seems as if there are more than a few parts of the People's version of events that they present as significant, which are at the same time, the most difficult of which to make sense.

[Rheo]

Anyone remember the name of the VD neighbor that testified to buying cookies from Danielle on, I believe, Thursday??

[Southflanknorthpawsis]

Certainly seems to be a grudge over the money...told Feldmans investigator that the media gal who called him and wanted an interview was told by him that he would do the interview if she paid him the money owed to him by DW.

Yes.....so much so in my perception that it's what I remember most about his testimony. His concern over "his money" seemed disproportionately large compared to the seriousness of the other issues.